“2013 was a gangbuster year for embezzlement in the United States, exceeding even 2012’s previous record pace,” says Christopher T. Marquet, author of The 2013 Marquet Report on Embezzlement, released in December 2014. Vermont topped the list of…
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The Dangers of Ignoring I-9 Due Diligence in M&A Transactions
M&A Transactional lawyers have to cover a lot of ground in their deals: employment, tax, commercial real estate, intellectual property, and ERISA laws to name a few and in many cases I-9 immigration compliance is not included. When representing the acquirer,…
Form I-9 Verification Process Update
E-Verify: Employee Re-verification – At present, employers are unable to re-verify an existing employee’s work authorization in E-Verify, and in fact, must not do so. USCIS is working on developing a re-verification process for E-Verify. E-Verify: Employee…
District of Columbia Bans Pot Testing of Job Applicants
The D.C. Council unanimously passed a bill prohibiting employers from testing job applicants for marijuana until after they’ve made a conditional job offer. The bill would allow employers to test for pot after they offer someone a job as well as during…
Rhode Island Tops In Use of Marijuana and Illicit Drugs, Survey Finds / Interactive
According to a recent annual survey made public by Rhode Island health officials Rhode Islanders use marijuana and illicit drugs at the highest rates in the nation. In the survey, Rhode Island actually edged out Colorado, which has legalized marijuana use and became…
New Minnesota Expungement Law Helps Protect Employers from Liability
A new Minnesota law that took effect on January 1 expands the opportunities for ex-offenders to expunge their criminal records. In an effort to protect employers who hire employees with expunged records, the new law provides that such records “may not be…
Paramount Slapped With Class Action Over Credit Reports For Job Applicants
Looks like there was something prickly buried in the fine print for one prospective employee and maybe many more. Paramount Pictures has been hit with a lawsuit over allegedly not telling job applicants exactly how deep into their past it intends to look. “This…
Act 153 of 2014: Criminal Background Checks and Child Abuse Clearances
The Pennsylvania General Assembly amended the Child Protective Services Law (the CPSL) several times over the past year. The most recent changes were through Act 153 of 2014. Although there are sweeping changes made to the CPSL, even in just Act 153, this Alert only…
Michigan Protects Employers from Negligent Hiring and Retention Claims
On January 1, a new Michigan law took effect to protect companies that hire ex-offenders who go on to cause damage or injury during the course of their employment. Louisiana , Georgia , Tennessee, and Texas recently passed similar laws. The Michigan law specifically…
Misrepresentation on Employment Application May Override State Criminal Background Check Law
Most employers understand the importance of compliance with the federal Fair Credit Reporting Act (FCRA) as it applies to background checks and applicant records. However, employers also must recognize the interplay of state law restrictions on the use of background…